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Consider the basic rules for the collection of performance fees, their amount, depending on the person liable to pay. And also, what measures can be taken to reduce the performance fee or not pay it at all.

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What it is

The execution fee is a punishment of a sanction nature applied by employees of the executive bodies with respect to non-payers who do not comply at their own request at the appointed time with the decision of the judicial authority and all the requirements of the executive document. An exception may be a number of good reasons, about which a little later.

In addition, the performance fee is not only a sanction measure, but also a kind of incentive that pushes the debtor to immediately fulfill its obligations. After all, not every person will want to lay out his hard-earned money for his own inaction, when the issue can be settled at a lower cost.

The law provides for a fee of 7% of the amount that must be collected under the executive document. The amount of fees will depend on whether the defaulter is an individual or a legal entity.

But even in this case, the amount of the fee cannot be:

• Less than 1,000 rubles for an individual;
• Less than 10 thousand rubles. for a legal entity.

In case of non-fulfillment of obligations on non-property issues, the following will be written off from the debtor:

• At least 5,000 rubles, if it is an individual;
• At least 50,000 rubles, if it is a legal entity.

In which cases

Taking into account the legislative norms of federal law No. 229, the main conditions for collecting a performance fee are:

1. Failure to comply with the requirements prescribed in the writ of execution within a certain time frame. The established terms mean a period of 5 working days from the date of initiation of enforcement proceedings;
2. Failure by the defaulter to provide information to the bailiffs about the reasons for which the obligations were not fulfilled. Such information may include:
   1. Information about employment and sources of income;
   2. Payments, receipts and other documents confirming the payment of a debt to bailiffs.

But do not forget that the voluntary fulfillment of obligations directly depends on the proper notification of the debtor.

There are several ways:

• mail notice;
• Telegram, fax, sms;
• Personal visit by bailiff.

When using any of the above methods, the bailiff is obliged to make a note about the reaction of the debtor. Further work with the debtor will depend on this.

Video: How to dispute

Resolution on the collection of the performance fee

The resolution on the collection of the performance fee is executive, which must meet the specific requirements for this type of document. The resolution is adopted by a senior bailiff and certified by the structural department where the issue of debt is resolved.

The main body of the document should include:

• Date of receipt by a person of a decision on the commencement of an enforcement case or refusal to receive this document;
• Confirmation of the expiration of the voluntary fulfillment of obligations;
• Failure by a person to fulfill his obligations specified in the executive document;
• The person's failure to provide exhaustive evidence that affected the failure to fulfill his obligations or the refusal of them;
• Other circumstances of relevance.

Also, the document must record the fact that it can be appealed within 10 days from the date of receipt of the decision.

Despite this, the law does not exclude the possibility of collecting performance fees within 10 days if the bailiff does not have information about the acceptance by the court of an application or claim for consideration. Therefore, the executive bodies may collect the fee before the end of the 10-day period.

If the court accepted for consideration an application to challenge the decision, an application for deferment of collection, reduction of the amount of the fee or exemption from its collection, the process of collecting the performance tax must be suspended until the court makes its decision and an appropriate act is drawn up.

Fee reduction application

According to legal acts, the debtor has the right to apply to the court with a claim to reduce the performance tax.

The fee may be reduced in the following situations:

1. The instructions of the writ of execution were not fully implemented before the initiation of the enforcement case;
2. The requirements were fulfilled by half within the period provided by law.

After that, the amount of the fee will be calculated from the amount actually remaining payable after the end of the voluntary period. But the amount by which the fee is reduced cannot be less than ¼ of the amount established by law.

If the debtor submits all the necessary documents on incomplete fulfillment of obligations within the prescribed period after the bailiff makes a decision on collection, the tax amount must be recalculated and the document amended.

Reducing the performance tax through the court involves a number of extenuating circumstances.

For example, a judge can meet the debtor halfway and reduce the amount of the fee if objective evidence is provided that forced them to deviate from the deadlines for fulfilling obligations:

• Certificate of severe illness;
• Difficult financial situation (inability to pay the fee), etc.

The judge examines all submitted documents and announces the decision.

How not to pay

Earlier it was found out that the performance fee is assigned when the terms of the executive document were violated without good reason.

Usually, bailiffs are silent, and many citizens do not have a legal education, so few people know exactly when a person in debt may not pay a fee.

Good reasons include:

1. force majeure or circumstance;
2. Permission to a person by a court of installments, deferrals to fulfill the requirements of the document.

With the last factor, everything is clear. The court made its decision, and the bailiffs are obliged to obey it. And what is an irresistible force that can release the debtor from payment?

This thesis comes fromArticle 401 of the Civil Code of the Russian Federationand implies:

• Natural disasters: earthquakes, floods, hurricanes, etc.;
• Any factors that affect public life: strikes, hostilities.

The question arises - is the debtor's illness considered force majeure? In most cases, no. And when considering the case in court, this will be attributed to such a thesis as a “case” and the judge’s decision will be based more on the disease itself, on how it affected the debtor’s health, and whether there was a threat to the person’s life.

Also, the difficult financial situation of a citizen does not belong to force majeure. Although, if the debtor fussed in time, the court may reduce the amount of the fee.

In addition, according to part 5 of Art. 112 of the federal law, there are times when the performance fee is not collected at all.

This happens if:

• The case went to work on the executive act, which was received in the manner prescribed by Part 6 of Article 33 of the Federal Law;
• A document was repeatedly presented, according to which a decision on the collection of a performance fee had already been issued;
• A case was initiated on the decision of the bailiff to recover the costs of enforcement actions and collection, imposed by the bailiff in the process of fulfilling obligations;
• Enforcement proceedings initiated on acts of interim measures;
• The case concerns documents containing demands for the expulsion of foreign persons from the Russian Federation;
• The documents contain a requirement for a citizen to serve compulsory work;
• A request was made to the central authority to search for the child.

statute of limitations

There is no statute of limitations for enforcement fees. On the one hand, it would be possible to apply the general term for such cases - 3 years, but on the other hand,

The decision of the Constitutional Court of July 30, 2001 recognized that the performance fee has signs of administrative penalties. And this means that an administrative penalty is not enforceable in cases where the document has not been enforced within 2 years from the date of entry into force.

Appeal

Taking into account paragraph 1 of Article 121 of the Federal Law, the parties to the executive act may appeal against the decision of the executive bodies. In this case, the appeal is directed to the work of the bailiff himself and his actions. It is submitted to the senior bailiff.

With regard to the performance fee, it is challenged only through the courts within 10 working days from the date of entry into force. Therefore, if the contestation or cancellation of the performance fee is directed to the senior bailiff, this complaint will be rejected.

Either way, some bank debtors procrastinating may run into the judiciary. The creditor seeks to return his own funds, so he has to use lawsuits against debtors. They are usually carried out with the help of writ proceedings, in which the defendant does not take part. For this reason, the visit of bailiffs may come as a surprise to the debtor. in certain cases, they also charge a performance fee, so the amount of debt returned by the debtor, although fixed by the court, can be increased in a certain way.

Protocol: document execution

Executive fee - a certain financial sanction that obliges the debtor in case of violation of the requirements specified in the executive document. The time given for their implementation should not be more than five days from the moment the debtor was notified of the enforcement proceedings initiated against him.

The document confirming the fact of the notification is also related to the enforcement proceedings and is attached to the rest of its papers. The enforcement fee of bailiffs will be required in such situations:

• the debtor complied with the prescribed requirements later than the time allotted for this
• the debtor refuses to receive a writ of execution
• the debtor does not comply with the requirements that are appointed by the court and presented in the executive document
• the debtor cannot provide evidence confirming the presence of weighty reasons due to which he was unable to fulfill the instructions of the executive document on time

A certain financial sanction is a performance fee

The decision on the collection of the enforcement fee of the bailiffs can be appealed. Also, the debtor can file an appeal with the court to defer the collection of the penalty, to reduce the amount of the fine, or even to exempt it from its collection.

A deferment may be given if the debtor is in a difficult financial situation, due to which he can pay a penalty within the specified time limits, in cases where the debtor cannot fulfill the requirements put forward by the executive document on time for reasons that do not depend on him. The amount of the fee may be reduced by no more than 25% of the amount established by the bailiff.

Full exemption from payment is allowed only in situations where the debtor cannot fulfill the requirements imposed on him due to insurmountable circumstances.

The executive fee is seven percent of the amount charged under the executive document. The amount of the fee depends on the type of person executing the court orders and cannot be less than 500 rubles in the case when the debtor is an individual, and if the debtor is an organization, then the amount of the fine is not less than 5000 rubles. Performance fee - a fine imposed by bailiffs on the debtor. It can be charged in various situations when the latter does not fulfill the conditions prescribed by the executive document.

How is the performance fee charged?

The performance fee can be quite large

The enforcement fee is an additional amount charged by the bailiffs if the conditions for the execution of the enforcement document were violated by the debtor. This fee is issued in the form of a separate document. This document is subject to execution in the proceedings in which the bailiff is engaged, and therefore must be sent to the debtor.

It has a certain form established by the Federal Service, and must also be signed by bailiffs: those who compiled it and the senior bailiff representing the court.

The amount of the enforcement fee can be quite significant, so the debtor is advised to comply with the instructions of the enforcement document in a timely manner: this will avoid additional costs. When the conditions specified in the document are met, it is necessary to inform the bailiff as soon as possible, thus preventing the decision to charge an additional fee.

If the debtor does not comply with the court order, a fine will be charged

The enforcement fee may be claimed from the person against whom enforcement proceedings have been initiated, if the bailiff has evidence of the debtor's failure to comply with the requirements of the enforcement document. Also, this may be levied in cases where the debtor cannot prove the real weight of the reasons that prevented the timely fulfillment of the instructions. The performance fee is charged in the following situations:

1. court orders are not executed by the responding person within the specified time limits
2. there is documentary evidence of the delivery of the enforcement document to the debtor or
3. proof that the latter refused to receive this document
4. requirements ordered by the court are not met
5. lack of compelling reasons for the debtor to fail to comply with the prescribed requirements

Performance fee is a financial sanction issued in the form of a separate document that is subject to execution. It can be appointed in certain cases when the debtor does not fulfill the terms allotted for this or refuses to fulfill them at all.

The enforcement fee of bailiffs is a fine that primarily applies to debtors. It is charged in cases where the debtor refuses to voluntarily comply with court orders and the bailiff is obliged to carry out the enforcement procedure.

About bailiffs - in the thematic video:

Consideration in court is a generally accepted method of resolving various contentious issues, not only in commerce and business, but in life situations. The case, in which the judge's decision was made in favor of one of the parties, is transferred to the department for the execution of judgments, and bailiffs begin to deal with it. However, the loser is not always in a hurry to immediately pay off the debt or perform another decision for various reasons. Such debtors are forced to get acquainted with the concept of what a performance fee is from bailiffs, a similar measure of punishment is applied to them.

This concept refers to a penalty for non-compliance by one of the parties with the implementation of a court sentence. The department of bailiffs draws up papers on the obligation to pay the amount collected in case of failure to fulfill the responsibility assigned to it as a result of the proceedings. The losing party is assigned a set time for execution in good faith, otherwise it will have to pay a fee to the income of the enforcement proceedings department. Having received a copy of the decision, it is necessary to fulfill the order within a day.

After the completion of the period of time allotted for the implementation of the decision, the case is opened, and the defendant must be notified of it. Starting from this period, the inevitability of paying a fine becomes his duty, and all papers must be attached to the documentation.

Issuance of a decision on the recovery of the enforcement fee

Article 112 of the Federal Law No. 229 “On Enforcement Proceedings” informs that the bailiff, after establishing the event of the debtor’s non-fulfillment of the terms of the enforcement document, should voluntarily make an appropriate decision on the collection of a performance fee approved by the senior bailiff. This resolution must include the following information:

• detailed name of the branch of bailiffs and its location;
• the date of the resolution;
• initials and position of the person who announced the decision with his signature;
• title and numbering of production for execution;
• the reason for the verdict (failure to comply with the order of the writ of execution at the appointed time);
• the base of the adopted resolution indicating the Federal Law "On Enforcement Proceedings" and regulatory legal documents;
• the wording of the adopted resolution itself and the accrued rate;
• number of bank details for calculation;
• information about the rules of appeal.

The decision is authorized by the signature of the head of the bailiff department and is confirmed by the stamp of the organization. The defendant must be personally acquainted with the content of the verdict on his obligation to pay not only the amount of the debt, but also the performance fee by order of the bailiff. He is sent a copy of the decision at the place of his stay.

Reasons for compulsion to pay enforcement fees

With regard to Article 112 of the Federal Law No. 229, there are 2 reasons for collecting an enforcement fee. They are:

• evasion of voluntary payment of the appointed payment;
• failure to provide information and evidence of the impossibility of implementing the decision at the appointed time due to exceptional circumstances.

The term for voluntary payment is set only upon the initial receipt of a demand for payment by the bailiff department. This fact is of great importance: in reality, there are situations of repeated requests for payment.

For example, according to Article 46 of the Federal Law, the writ of execution is re-sent to the plaintiff if the debtor does not have property that could be recovered. However, such a fact is not considered an obstacle to the further implementation of debt collection with an extension of up to 3 years (Article 21). It is possible to pay the debt voluntarily within 5 days, if the debtor was acquainted with the deadline for the execution of the collection, and this period does not include weekends and holidays. After becoming aware of the initiation of a case, the amount should be urgently deposited into the account of the FSSP.

The debtor must prove that he is taking specific steps to meet the payment requirements. Such an argument could be, for example:

• employment in the absence of a source of income until this moment;
• provision of payment orders for payment of financial resources to bailiffs in case they did not reach the addressee.

Voluntary execution usually begins after the debtor has been notified accordingly, which is considered a significant nuance. There are many ways to notify, and often bailiffs use all these methods at the same time. These include:

• postal letters with a response message;
• use of all possibilities of cell phone and telegraph;
• personal visit to the debtor at the place of residence.

If the defendant refuses to confirm receipt of the notice, he is considered informed and a note is made about the rejection of the receipt of the document.

Payment amount

The amount of the performance fee in 2018 is 7% of the value of the debt or the price of the required items in case of property recovery. The payment must be at least 1000 rubles for a private person or individual entrepreneur and 10 thousand rubles for legal entities. In case of non-property claims, a citizen or individual entrepreneur pays 5,000 rubles, and a company or organization - 50 thousand rubles. In the case of joint obligations, the amount of the enforcement fee is 7% for each debtor: a citizen is obliged to pay at least 1 thousand rubles, and a company - from 10 thousand rubles. With periodic collection of payments, 7% is taken from each installment.

Reasons for exemption from payment

Due to their legal illiteracy, defendants are not always aware of the grounds for not paying this type of fine. Bailiffs do not report these moments for the simplest reason - unfavorable for the performance indicators of their work: the amount of enforcement fees characterizes the quality of the institution's work.

The defendant gets rid of the collection of a fine only for serious reasons and only after providing compelling arguments to the bailiff. The reasons for canceling the performance fee are:

• obstruction of insurmountable circumstances;
• providing the defendant with an extension of the term.

Force majeure includes natural disasters, social events. The issue of classifying the defendant's illness as an unavoidable circumstance is ambiguously resolved - it depends on the severity of the illness and the probable danger to his life. A difficult financial situation is also not classified as an insurmountable condition. However, the payment can be reduced by the court when the debtor tries to get out of the crisis.

A fairly effective measure, rarely used by the defendants, is the use of a deferment (or installment plan). To do this, the defendant needs not only to write an appeal to the court, but also to inform the bailiff about this in a timely manner, while providing the necessary arguments. The delay goes beyond coercion, this situation does not affect the voluntary fulfillment of obligations by the debtor.

The execution fee is not charged for the production of:

• on delegation of the order of another bailiff;
• for execution in the territory where his duties do not apply;
• upon secondary filing of a writ of execution;
• on the demand for forced eviction from the borders of the Russian Federation of foreigners or stateless persons;
• according to the prescription of compulsory works;
• on a request to search for children.

The defendant's side has the right to appeal the decision of the bailiff, while it is necessary to appeal the actions of the bailiff to his leadership. Reducing the amount of the enforcement fee in the presence of extenuating circumstances is regulated by filing an application with the court. To pay for this payment, there is its own BCC - budget classification code.

In order to improve legal literacy, participants in cases for the collection of debts, alimony, fines, taxes should understand what bailiffs' enforcement fees are. Cases related to the payment of debts are classified as difficult, it is possible to challenge them or reduce the amount of debt. However, the payment for the defendant may become larger due to the enforcement fee, which is a punishment for those who do not meet financial obligations in a timely manner.

1. The enforcement fee is a monetary penalty imposed on the debtor in case of non-execution of the executive document within the period established for the voluntary execution of the executive document, as well as in case of non-execution of the executive document subject to immediate execution, within a day from the date of receipt of a copy of the bailiff's decision -executor on the initiation of enforcement proceedings. The performance fee is credited to the federal budget.

2. The performance fee is established by the bailiff-executor after the expiration of the period specified in paragraph 1 of this article, if the debtor did not provide the bailiff-executor with evidence that the execution was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions. The decision of the bailiff-performer on the collection of the performance fee is approved by the senior bailiff.

3. The enforcement fee is set at seven percent of the amount to be collected or the value of the recovered property, but not less than one thousand rubles from the debtor-citizen or debtor-individual entrepreneur and ten thousand rubles from the debtor-organization. In the event of non-execution of a non-property executive document, the performance fee from the debtor-citizen or the debtor-individual entrepreneur is set in the amount of five thousand rubles, from the debtor-organization - fifty thousand rubles.

(see text in previous edition)

3.1. With regard to several debtors under joint recovery in favor of one claimant, the performance fee is collected jointly and severally in the amount established by paragraph 3 of this article.

(see text in previous edition)

4. The performance fee for non-payment of periodic payments is calculated and collected from the amount of each debt separately.

5. The performance fee is not collected in cases where enforcement proceedings have been initiated:

1) according to the executive document received in the manner prescribed by Part 6 of Article 33 of this Federal Law;

2) upon re-presentation for execution of a writ of execution, according to which the decision of the bailiff-executor on the recovery of the enforcement fee was issued and not canceled;

3) by order of the bailiff-executor on the recovery of expenses for the commission of enforcement actions and the performance fee imposed by the bailiff-executor in the process of execution of the executive document;

(see text in previous edition)

ConsultantPlus: note.

From the day of the beginning of the activities of the courts of cassation of general jurisdiction and the courts of appeal of general jurisdiction in paragraph 4 of part 5 of Art. 112 are amended (FZ of November 28, 2018 N 451-FZ). See future edition.

4) on judicial acts on interim measures;

5) according to executive documents containing requirements for the forced expulsion of foreign citizens or stateless persons from the Russian Federation;

6) according to executive documents containing requirements for serving compulsory work;

7) at the request of the central authority to search for a child;

8) on executive documents in respect of a debtor-citizen undergoing restructuring of a mortgage housing loan (loan) in accordance with assistance programs for certain categories of borrowers approved by the Government of the Russian Federation, within the framework of enforcement proceedings for the recovery of a restructured mortgage housing loan (loan).

5.1. Unexecuted resolutions on the recovery of a performance fee issued in respect of a debtor-citizen undergoing restructuring of a mortgage housing loan (loan) in accordance with assistance programs for certain categories of borrowers approved by the Government of the Russian Federation, within the framework of enforcement proceedings on the recovery of a restructured mortgage housing loan (loan), as well as within the framework of enforcement proceedings subject to termination on the grounds established by paragraphs 4, , - 12 of part 2 of Article 43 of this Federal Law, are canceled by the bailiff.

(see text in previous edition)

6. The debtor has the right, in accordance with the procedure established by this Federal Law, to apply to the court to challenge the decision of the bailiff on the collection of the performance fee, with a claim for a deferment or installment plan for its collection, to reduce its size or exemption from the collection of the performance fee.

7. The court has the right, taking into account the degree of guilt of the debtor in the failure to execute the executive document on time, the property status of the debtor, other significant circumstances, to defer or extend the collection of the enforcement fee, as well as reduce its size, but not more than one quarter of the amount established in accordance with part 3 of this article. In the absence of established Civil

In the practice of forced collection of debts through the court, there is such a measure of influence on the debtor as a enforcement fee. It is imposed on a citizen if, within a certain time, he did not take measures to pay off the existing debt. The amount of the fee is established by law and amounts to 7% of the amount of debt collected. This is a pretty significant number. It is not surprising that the question “How not to pay the enforcement fee to bailiffs?” often of interest to citizens who are faced with the FSSP. Let's try to figure it out.

The procedure for determining the performance fee

The legislation on enforcement proceedings describes the procedure for establishing an enforcement fee as follows:

• a citizen is determined by the court to be obliged to pay off his debts within a certain period;
• in case of inaction of a citizen, the case is transferred to bailiffs;
• the bailiff makes a decision to collect the debt;
• the decision is handed over to the debtor personally by an employee of the FSSP or sent by mail;
• if within 5 days from the date of receipt of the document the citizen has not paid the debt, he is additionally obliged to pay the enforcement fee.

An example of a bailiff's decision to collect an enforcement fee

If any violation is recorded at least at one of the stages described, the obligation to pay the fee can be challenged. In addition, the law establishes quite legal grounds for refusing to pay fines.

Legal grounds for refusing to collect

Is it mandatory to pay the fee established by the FSSP employee? Not always. The law provides that the imposition of penalties on the debtor is possible only if the bailiff proves that he did not take any action to enforce the judgment. If you have paid the debt imputed to you (or at least part of it) within the prescribed period, it is enough to notify the specialist dealing with your case. Perhaps he has not yet reached the data on the repayment of the debt. Based on new information, the collection order can be cancelled.

In addition, according to the law, the fee should not be imposed on a citizen who could not fulfill the obligations imposed on him by the court due to force majeure. These include:

• natural disasters;
• war activities;
• mass riots.

Interestingly, the debtor's illness does not belong to the category of force majeure. But if you have documentation showing that your medical condition prevented you from making your payment on time, you can file a lawsuit to waive the enforcement fee.

Important! If the court establishes an installment plan for the payment of the principal debt, the citizen is completely exempted from prosecution by bailiffs for the entire period of the installment plan. Including a penalty fee, they have no right to expose him.

In addition, the difficult financial situation of the debtor may serve as the basis for refusing to pay the fee. Naturally, it must also be documented. Here you can present income certificates, documents confirming the payment of alimony, the cost of medicines, the maintenance of dependents, etc. Written testimony of witnesses can also be used as evidence.

Situations exempt from collection

According to the Federal Law "On Enforcement Proceedings", a penalty fee cannot be issued twice on the same writ of execution. In other words, a citizen should not pay it more than once in a specific debt case.

In addition, the following situations are exempt from the fee:

• judicial acts on interim measures;
• orders requiring compensation for the expenses of bailiffs;
• decisions on the expulsion of stateless persons from the Russian Federation;
• requests to search for children;
• executive documents establishing for the debtor the duty of forced labor.

Important! If in one of the listed cases a decision was made to collect fines, the citizen has the right to challenge it in court. Also, through a trial, he can return the enforcement fee from the bailiffs, if he has already paid it, without going into details.

Illegal actions of bailiffs

There is another way to cancel the enforcement fee of bailiffs. As mentioned above, the obligation to pay the debt arises from a citizen only after he receives a writ of execution. This document can be handed over to him personally against receipt or sent by mail. In the case of sending by registered mail, the date of receipt of the document is set by postal notice. If the writ of execution was sent by ordinary letter, that is, without notification of receipt, it is considered received 5 working days after sending. It is from this moment that the countdown begins, in which a citizen must fulfill the debt obligations imposed on him.

If the bailiffs report the debt by a personal visit (but without presenting a document), by phone call or through friends / neighbors / relatives, then this is not a basis for any action on the part of the citizen. In such a situation, it is considered that he was not notified of the debt that had arisen. Consequently, they are not entitled to impose executive payments on him.

How to challenge a bailiff's order

The decision to collect the enforcement fee may be appealed by a citizen within 10 working days from the date of its issuance. Only then does it enter into force.

Appeal must be made only through the courts. An appeal to the head of the FSSP employee who made the decision will not give any results. Besides, it goes against the law. So:

• if a citizen has grounds for reducing or canceling the enforcement fee, he turns to the FSSP officer in charge of his case with supporting documents;
• if a citizen believes that the fee has been set for him illegally (due to violations of the notification procedure or other circumstances), he must apply to the court at the place of residence.

Proceedings in such cases usually take several months. But it is it, nevertheless, that gives a chance to get rid of penalties.